Neutral Citation No. - 2025:AHC:63839 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6446 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh,Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 416 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2) & 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station Baldev, District Mathura during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the present case due to ulterior motive. It is submitted that as per prosecution story, five persons entered into the house of the informant. The role which has been assigned to four persons are general in nature and no specific role has been assigned to the present applicant. The main role of firing is assigned to co-accused Hoshiyar Singh. The injured persons have sustained bullet injury on the chest. The other injuries sustained by lathi and danda are simple in nature. It is also submitted that the charge-sheet which was filed against Thaan Singh and Kaptan under Sections 191(2), 115(2), 352, 351(2), 324(3) of the B.N.S.has been removed.The charge-sheet has been filed against the present applicant under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2) & 333 of the B.N.S. It is further submitted that the present applicant has same role as assigned to co-accused Thaan Singh in offence under Section 109. The co-accused Thaan Singh has already been enlarged on bail by the Judicial Magistrate, Court No. 8, Mathura. It is next submitted that the general role has been assigned to the present applicant. The applicant is languishing in jail since 10.12.2024. He is a man of clean antecedents and is first offender. It is undertaken that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is evident that the applicant is assigned general role. The co- accused Hoshiyar Singh is assigned role of firing by which the injured persons sustained bullet injury on chest. The applicant was only present at the site of the incident. The injuries sustained by injured persons by lathi and danda are very simple in nature as per the medical report. The applicant is languishing in jail since 10.12.2024. He is a man of clean antecedents and is first offender. There are no chance for completion of trial in the near future and also to consider the nature of offence. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Sonu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad